3AWhat is *amenity*?

3A What is *amenity*? (1) For the purposes of this Act, the amenity of an area is the quality that the area has of being pleasant and agreeable. (2) Factors that may be taken into account in determining whether the grant, variation or relocation of a licence would detract from or be detrimental to the amenity of an area include— S. 3A(2)(a)–(c) repealed by No. 20/2018 s. 29. (d) the possibility of nuisance or vandalism; (e) the harmony and coherence of the environment; (f) any other prescribed matters. (3) Nothing in subsection (2) is intended to limit the definition of amenity. S. 3AA inserted by No. 58/2011 s. 52. 3AA Evidence constituting detraction from or detriment to amenity of area For the purposes of this Act, evidence of any of the following factors, which may occur inside, or a place outside a licensed premises that is sufficiently proximate to, that premises, are taken to constitute evidence of detraction from, or detriment to, the amenity of the area in which the licensed premises is situated— (a) violent behaviour; (b) drunkenness; (c) vandalism; (d) using profane, indecent or obscene language; (e) using threatening, abusive or insulting language; (f) behaving in a riotous, indecent, offensive or insulting manner; (g) disorderly behaviour; (h) causing nuisance; (i) noise disturbance to occupiers of other premises; (j) obstructing a footpath, street or road; (k) littering. S. 3AB inserted by No. 8/2006 s. 5. 3AB What is intoxication? (1) For the purposes of this Act, a person is in a state of intoxication if his or her speech, balance, co‑ordination or behaviour is noticeably affected and there are reasonable grounds for believing that this is the result of the consumption of liquor. S. 3AB(2) amended by Nos 72/2007 s. 62, 58/2011 s. 104(Sch. item 4.2). (2) The Commission must issue guidelines containing information about how to determine whether a person is in a state of intoxication for the purposes of this Act, the **Casino Control Act 1991** or the **Gambling Regulation Act 2003**. S. 3AC inserted by No. 73/2007 s. 12. 3AC Who is an *associate*? (1) For the purposes of this Act, an ***associate*** of a person (the ***first person***) is— (a) a person who— (i) holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in right of the person or on behalf of any other person) in any business of the first person involving the sale of liquor; and (ii) by virtue of that interest or power, is able or will be able to exercise a significant influence over or with respect to the management or operation of that business; or (b) a person who is or will be a director, whether in right of the person or on behalf of any other person, of any business of the first person involving the sale of liquor; or (c) if the first person is a natural person, a person who is a relative of the first person, other than a relative— (i) who is not, and has never been, involved in any business of the first person involving the sale of liquor; or (ii) who will not be involved in the business the first person proposes to conduct as a licensee or permittee. (2) In this section— ***relative***, in relation to a person, means— (a) the spouse or domestic partner of the person; or (b) a parent, son, daughter, brother or sister of the person; or (c) a parent, son, daughter, brother or sister of the spouse or domestic partner of the person; ***relevant financial interest***, in relation to a business involving the sale of liquor, means— (a) any share in the capital of the business; or (b) any entitlement to receive any income derived from the business; or (c) any entitlement to receive any payment as a result of money advanced; ***relevant power*** means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others— (a) to participate in any directorial, managerial, or executive decision; or (b) to elect or appoint any person as a director. S. 3B inserted by No. 92/2004 s. 10.